FaceTime, iMessage hang in the balance after Apple loss to patent troll

Kill these services because of "lost sales and reputational harm," VirnetX says.

Patent troll VirnetX, fresh on the heels of a $626 million FaceTime and iMessages patent victory over Apple, now wants a federal judge to permanently turn off those popular features.

VirnetX on Wednesday also asked the judge presiding over the litigation to increase the damages the East Texas jury awarded in February by another $190 million or more. Apple wants a retrial, claiming that VirnetX's lawyers misrepresented evidence to the jury and that the evidence presented at trial didn't support infringement. The gadget maker said it also should not have to pay royalties, according to Law360 (subscription required), which attended Wednesday's hearing (PDF).

Apple "argued that VirnetX is improperly trying to secure an overly broad injunction so that it can be used to extract a massive licensing fee," Law360 reported. Apple's documents connected to the issue are lodged under seal. However, VirnetX's post-trial demands (PDF) are in the public record.

The dispute stems from a jury ruling in February that favored VirnetX in respect to the four patents at issue. The Apple products include VPN on Demand, FaceTime, and the iMessage platform. VirnetX, according to a court filing, wants those services blocked because of "lost sales and reputational harm caused by Apple's distribution of the infringing features."

VirnetX's patents (1, 2, 3, 4) originated at a company called Science Applications International Corporation, or SAIC. VirnetX has been saying for years that it has plans to market various products, but for the time being, its income comes from licensing patents. It has about a dozen employees and leases a small office in Zephyr Cove, Nevada for roughly $5,000 a month, according to a recent yearly financial statement.

US District Judge Robert Schroeder III did not rule on the post-trial dispute Wednesday but said he would "get orders out as quickly as possible," according to the minutes of the hearing.(PDF)

David Kravets
The senior editor for Ars Technica. Founder of TYDN fake news site. Technologist. Political scientist. Humorist. Dad of two boys. Been doing journalism for so long I remember manual typewriters with real paper. Emaildavid.kravets@arstechnica.com//Twitter@dmkravets